Sound is something that is scientifically absolute and measurable. Because of the essential landlord-tenant nature of co-op dwelling, the warranty of habitability governs there as well The Noise Control Code Three sets of law govern noise in all dwellings in New York City: Municipal ordinances regarding noise, municipals ordinances regarding construction, and the common law of nuisance. Condominiums, in which each unit is a separate piece of real estate and there is no landlord-tenant relationship, find noise controversies heard only in the Supreme Court, generally by way of injunctive action, although such actions are available in co-ops as well. Like the flash of a neon light, 2 this article attempts to explain both the noise laws and remedies in New York.īecause rental buildings and co-ops are a form of rental housing, noise issues speak to the warranty of habitability, generally, but not exclusively, and are enforceable in the Housing Court. 1Īs a result, noise complaints have become popular and common, and, as such, noise litigation has spiked. However, many residents refuse to carpet their homes and many rental, co-op and condominium leases and bylaws do not effectively require such means of carpeting in their leases, or bylaws or house rules. Fourth, many noise problems can be treated with wall-to-wall insulated carpeting in all places except for the bathrooms and kitchen. Third, to use every inch of the home, owners are altering their units to remove the guts of the residence which makes noise protections disappear. Second, newly constructed buildings are built with more glass and less insulation and other materials that would block the noise making-thus, noise travels farther and louder. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming children. The noise has gotten louder for many reasons. As New York City experiences ever denser housing, the problems of noise resound ever more clearly.
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